Second Court of Appeals

Week of November 22, 2021 

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of November 22, 2021.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.


Henry v. Smith, No. 02-20-00169-CV (Nov. 24, 2021) (Wallach, J., joined by Birdwell and Walker, JJ.).

Held: The mineral reservations did not detach the surface covenants from the surface estates. The trial court therefore erred by granting partial summary judgment for Appellees on Appellants’ claims of breach of contract. The trial court did not abuse its discretion by denying permanent injunctive relief on the basis of National Electrical Code/Natural Resources Code violations because the jury who heard the conflicting evidence specifically found no wrongful conduct involving those Codes, and the trial court implicitly found no threat of continuing violations. Finally, the trial court abused its discretion by not granting a permanent injunction enjoining Appellees from future trespass because Appellants sufficiently pled trespass, resulting damages, and a request for permanent injunctive relief; the jury found trespass; and the evidence conclusively showed that Appellees trespassed before the lawsuit was filed and continued trespassing through the trial.


McMahan’s Flooring, Inc. v. Morrison, No. 02-21-00077-CV (Nov. 24, 2021) (Wallach, J., joined by Womack and Walker, JJ.).

Held: The temporary injunction order is void because Appellant did not file a bond with the clerk for approval, violating Rule 684 of the Rules of Civil Procedure.